What could possibly go wrong!
The Law Society now faces a vote of no confidence from the legal profession after imposing ill-thought out amendments to the Seller’s Property Information Form. The form is now three times as long, full of inaccuracies and typographical errors and shifts the burden from the historic Buyer Beware to Seller Beware. It is not currently mandatory to use the new version as this has been postponed due to furore from beleaguered Conveyancing Solicitors.
The NEW version of the Sellers Property Information Form, or SPIF, was revealed in March 2024 to massive controversy. A consultation is now to be held after mass criticism from the coal face.
Decide for yourself. An example of the new TA6 Property information form (5th edition) (2024) is shown here:
WARNING:
Be careful not to misrepresent. You do not want to risk legal action if the buyer suffers losses based on your answers as a seller.
EXTRACTED Seller's Property Information Form, Warning & Instructions to Seller:
• The answers should be prepared by the person or persons named as owner on the deeds or HM Land Registry title orby the owner’s legal representative(s) if selling under a power of attorney or grant of probate or representation. If there is more than one seller, you should prepare the answers together, or if only one seller prepares the form, the other(s) should check the answers given, and all sellers should then sign the form.
• You should answer the questions as accurately as you can from your own knowledge (or, in the case of legal representatives, you or the owner). You are not expected to have expert knowledge of legal or technical matters or matters that occurred prior to the ownership of the property, or information that can only be obtained by carrying out surveys, local authority searches or other enquiries.
• It is very important that your answers are truthful. If you give incorrect or incomplete information to the buyer (on this form or otherwise in writing or in conversation, whether through your estate agent or solicitor or directly to the buyer), a prospective buyer may make a claim for compensation from you or refuse to complete the purchase.
• If you become aware of any information which would alter any replies you have given, you must inform your solicitor immediately. This is as important as giving the right answers in the first place. You should not change any arrangements concerning the property (such as with a tenant or neighbour) and affecting the information you have given without consulting you solicitor first.
• If you do not know the answer to the question, you must say so. If you are unsure of the meaning of any questions or answers, please ask your solicitor. Completing this form is not mandatory, but omissions or delays in providing information may affect the sale.
• Please give your solicitor any letters, agreements, or other papers which help answer the questions. The buyer will want the originals, where you have them, in due course, for example, guarantees. If you are aware of any material or information which you are unable to supply with the answers, tell your solicitor. If some of the documentation is lost, you may need to obtain copies at your own expense. You should also pass on promptly to your solicitor any notices or other information you have received concerning the property, and any that arrive at any time before completion of the sale. If you are not sure if a notice is relevant to the sale, ask your solicitor.
BUYER BEWARE STILL APPLIES - This relates to the physical condition of the property.
Buyer Beware means the property is “as is” or subject to all defects. It is vital that buyers carry out searches, inspections, and survey to ensure that they are aware of any defects. From completion Buyers take the property subject to the same.
Buyers should hold a satisfactory survey. Conveyancers offer no guarantee regarding the property’s physical condition and will not have been to the property.
A Lender valuation is not a survey.
A buyer should carry out a final inspection before exchange and completion.
Conveyancers do not offer any guarantee that the responses given by the seller, are correct.
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